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Chavez Vs. Gonzales [SEPARATE OPINION, CHICO-NAZARO, J.]

Francisco Chavez, Petitioner, versus RAUL M. GONZALES, in his capacity as the Secretary of the Department of Justice; and NATIONAL TELECOMMUNICATIONS COMMISSION (NTC), Respondents.

G.R. No. 168338 | 2008-02-15

SEPARATE OPINION


CHICO-NAZARIO, J.:

With all due respect, I vote to dismiss the present Petition for the simple reason that the assailed press statements made by the National Telecommunications Commission (NTC) and the Secretary of Justice Raul Gonzales (Gonzales) do not constitute prior restraint that impair freedom of speech. There being no restraint on free speech, then there is even no need to apply any of the tests, i.e, the dangerous tendency doctrine, the balancing of interests test, and the clear and present danger rule, to determine whether such restraint is valid.

The assailed press statements must be understood and...